The Dual Software License agreement is designed for software providers operating in the UAE who wish to implement a hybrid licensing model for their software products. This document type is particularly relevant when a software provider wants to maintain both commercial and open-source versions of their software, allowing for different usage rights and obligations under each license type. The agreement comprehensively addresses the requirements of UAE Federal Law No. 7 of 2002 on Copyrights and Related Rights, along with other relevant UAE regulations governing electronic transactions and data protection. It includes detailed provisions for license grants, usage rights, restrictions, intellectual property protection, and compliance requirements for both licensing models. This document is essential for software companies seeking to monetize their products while fostering open-source community engagement, particularly in the UAE market and broader Middle East region.
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1. Parties: Identification of the licensor and licensee, including full legal names, addresses, and registration details as per UAE requirements
2. Background: Context of the agreement, description of the software, and purpose of the dual licensing arrangement
3. Definitions: Detailed definitions of terms used throughout the agreement, including technical terms, license types, and UAE-specific legal terms
4. Grant of Licenses: Explicit grant of both proprietary and open-source licenses, detailing the scope and nature of each license type
5. License Fees and Payment Terms: Financial terms for the proprietary license, payment schedules, and any recurring fees
6. Intellectual Property Rights: Declaration of ownership rights, protection of IP, and third-party rights in compliance with UAE IP laws
7. Usage Rights and Restrictions: Detailed terms of use for both license types, including geographical restrictions and permitted modifications
8. Distribution Rights: Terms governing the distribution of the software under both license types
9. Warranty and Liability: Warranty terms, limitations of liability, and indemnification provisions under UAE law
10. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination
11. Confidentiality: Protection of confidential information and trade secrets
12. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction for dispute resolution
13. General Provisions: Standard contractual provisions including force majeure, severability, and entire agreement
1. Data Protection and Privacy: Required when the software processes personal data, ensuring compliance with UAE data protection laws
2. Support and Maintenance: Optional terms for technical support and maintenance services
3. Training and Implementation: Include when the agreement covers training and implementation services
4. Export Control: Required when the software is subject to export control regulations
5. Source Code Escrow: Optional provisions for source code escrow arrangements
6. Custom Development: Include when the agreement covers custom development or modifications
7. Service Level Agreement: Required when specific performance levels are guaranteed
8. Compliance with Specific Industry Regulations: Include when the software is used in regulated industries like healthcare or finance
1. Schedule A - Software Description: Detailed technical specifications and functionality of the software
2. Schedule B - License Fees: Detailed breakdown of license fees, payment terms, and pricing structure
3. Schedule C - Open Source Components: List of open-source components and their respective licenses
4. Schedule D - Proprietary License Terms: Detailed terms and conditions specific to the proprietary license
5. Schedule E - Open Source License Terms: Terms and conditions specific to the open-source license
6. Schedule F - Technical Support Terms: Details of support services, response times, and service levels if applicable
7. Schedule G - Acceptable Use Policy: Guidelines and restrictions for software use
8. Appendix 1 - Contact Details: Contact information for key personnel and official notices
9. Appendix 2 - Change Request Form: Template for requesting changes or modifications to the software
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Education
E-commerce
Manufacturing
Telecommunications
Professional Services
Government and Public Sector
Research and Development
Media and Entertainment
Retail
Logistics and Transportation
Relevant Teams
Legal
Software Development
Product Management
Compliance
Information Technology
Business Development
Commercial Operations
Intellectual Property
Risk Management
Technical Operations
Corporate Strategy
Relevant Roles
Chief Technology Officer
Legal Counsel
Software Development Manager
Intellectual Property Manager
Licensing Manager
Contract Administrator
Commercial Director
Chief Legal Officer
Software Architect
Product Manager
Business Development Manager
Compliance Officer
Open Source Program Manager
Technical Director
Chief Information Officer
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